1. Ministry of Labour 2006/2007 Priorities Fiona Dalziel, Provincial Specialist Industrial Health and Safety Program Presented to OHAO March 29, 2006

2. March, 2006 MOL 06/07 Planning2 Agenda  Ministry of Labour Business Strategy  Targeted Enforcement  Enhanced Enforcement Capacity  Sector-Specific Initiatives  Other Initiatives

3. March, 2006 MOL 06/07 Planning3 MOL Business Strategy  Ministry of Labour commitment to reducing workplace injuries by 20% by 2008 (and prevent 20,000 lost-time injuries per year)  Business strategy: Focus resources based on high-risk framework Mitigate risk through implementing effective strategies and wise use of resources Measure whether the efforts make a difference

4. March, 2006 MOL 06/07 Planning4 OHS System

5. March, 2006 MOL 06/07 Planning5 Strengthening the OHS System  MOL and WSIB: information sharing agreement to identify and target firms (high-risk and priority)  MOL/WSIB harmonized data: Single, consistent method of reporting lost-time injury rates and fatalities Based on WSIB estimated workforce numbers

6. March, 2006 MOL 06/07 Planning6 Strengthening the OHS System  System wide targeting of worst 10% of workplaces by MOL, WSIB, HSA’s 2% MOL High Risk 8% Priority Firms (MOL); Last Chance (HSAs)

7. March, 2006 MOL 06/07 Planning7 Why Focus on High-Risk Firms?  10% of firms insured by WSIB represent 40% of all injuries/costs (>30,000 workplaces)  5 x as many injuries to newly hired workers  4 x as many serious injuries  4 x as many injured workers who don’t speak English  3 x as many young workers injured

8. March, 2006 MOL 06/07 Planning8 Targeted Enforcement  Top 10% identified by risk assessment methodology using WSIB data  2005/06 algorithm had 5 criteria  2006/07 algorithm - 6 criteria based on previous 3 yrs: 1. Number of LTI’s per worker 2. Average cost per LTI 3. Number of NLTI’s per worker 4. Average cost per NLTI 5. Excess cost of LTI for employer relative to sector 6. Excess cost of NLTI for employer relative to sector

9. March, 2006 MOL 06/07 Planning9 Proactive Inspections High, Priority and Low Risk Targeting

10. March, 2006 MOL 06/07 Planning10 High-Risk Initiative  Targeted inspections of high-risk/high-cost firms  MOL target = top 2%  Proactive inspections 4 x per year  Approximate targets for 2006/2007: 4000 industrial firms 1800 construction firms 10 mines

11. March, 2006 MOL 06/07 Planning11 What are MOL inspectors looking for?  Systemic OHS Problems: Poor IRS Lack of OHS awareness and culture Lack of OHS programs and training  Specific Issues and Hazards Inspectors will assess each workplace:  Follow up inspection needed or not?  Further progress and improvement required?  Issues more related to WSIB claims management?

12. March, 2006 MOL 06/07 Planning12 Last Chance Initiative  High-Risk Firms – top 2% (MOL targets) Priority Firms – next 8%  Health and Safety Associations (HSA’s) select their “last chance” firms from the 8%  An initial pilot group of 5 HSA’s participated (in 2006/2007 all 12 HSA’s will participate)  Associations work with these selected firms to improve their health and safety performance

13. March, 2006 MOL 06/07 Planning13 Priority Firms Initiative  Remaining firms of 8% become MOL Priority  MOL target of 1 visit during year  Monitor Internal Responsibility System of firm to ensure the firms do not move into high risk category

14. March, 2006 MOL 06/07 Planning14 Priority Referral Initiative  Consists of firms that are :  referred by HSA’s through Last Chance Initiative  high-risk firms carried over from the previous year due to repeat or outstanding orders, or other reasons  sector specific targeting strategies or  referred by field due to unacceptable number of complaints, work refusals, incidents or state of the IRS  MOL inspectors visit these firms 2 x per year

15. March, 2006 MOL 06/07 Planning15 Monitoring Impact System-wide monitoring of impact:  # of targeted inspections  Priority hazards  Appropriate orders, prosecutions, fines  Requests for training through HSA’s  Activities of Last Chance initiative  Fatality, critical injury, LTI trends

16. March, 2006 MOL 06/07 Planning16 MOL High-Risk Activity ( Apr 1, 2005 to Feb 28, 2006) ProgramField VisitsOrders Industrial13,46337,536 Construction7,18214, 895 Mining229455

17. March, 2006 MOL 06/07 Planning17 Partner Outcomes  WSIB outcomes in the targeted high-risk firms (April 1, 2005 to January 3, 2006) show that we are on track to meeting our commitments (i.e. lower LTI #’s and rates)  In 2006, IWH plans to launch formal evaluation of effectiveness of HSA’s last chance initiative

19. March, 2006 MOL 06/07 Planning19 Enhanced MOL Enforcement Capacity  An essential part of the MOL’s business strategy was the hiring of 200 new inspectors  131 new inspectors hired and trained in 2004/2005 (and in the field)  69 additional inspectors are currently being recruited  As of 2006, expect total MOL inspectors = 430

20. March, 2006 MOL 06/07 Planning20 Health Care Sector  Last group of recruits includes 6 health care inspectors  Individuals with knowledge and experience of health care and will be dedicated to enforcement in this sector  Start April 3, 2006 and begin training program  When trained, their role will include: Initially concentrate on proactive inspections of high-risk health care facilities Assisting all other industrial inspectors with health care inspections or investigations Liaise with other health care groups (e.g., LTC compliance officers, public health inspectors, OSACH, etc.)

21. March, 2006 MOL 06/07 Planning21 Health Care Sector (cont’d)  Proactive inspections to address: IRS, JHSC function, infection control measures and procedures, ergonomics, violence, etc.  MOL will continue to address sharps injury prevention: employers to assess risk of sharps-related injuries implement measures to prevent injury - safety engineered medical sharps (SEMS) may be a reasonable precaution  MOL will continue to address use of respiratory protection for protection against airborne transmitted diseases: Employers to ensure staff trained/fit-tested to deal with routine situations and to respond to emergencies Recommend ability to ramp up training/fit-testing, if necessary

22. March, 2006 MOL 06/07 Planning22 Health Care Sector (cont’d)  MOL is continuing to work with MOHLTC (and other ministries/agencies) on initiatives and issues including: Emergency Management Ontario (EMO)/working groups Pandemic influenza plans (MOL Provincial Physician is member of OHPIP steering committee) Infection control measures and procedures (MOL Provincial Physician is member of PIDAC) Use of PPE (including respiratory protection) Legionnaires’ Disease prevention in LTC homes Etc.

23. March, 2006 MOL 06/07 Planning23 Statistics on Farming Operations

27. March, 2006 MOL 06/07 Planning27 Farming Operations  O. Reg. 414/05, Farming Operations, comes into effect June 30, 2006  Does not apply to farming operations operated by a self-employed person without any workers  JHSC if 20 or > workers and have duties related to: Mushroom, greenhouse, dairy, hog, cattle, poultry farming (JHSC certification requirements apply if 50 or > workers)  The following regulations apply: Critical Injury Definition; Training Programs; Training Requirements for Certain Skills Sets and Trades

28. March, 2006 MOL 06/07 Planning28 Farming Operations (cont’d)  MOL working with OMAFRA, FSA, farming industry: To implement legislation To develop guidelines to assist in identifying main hazards (e.g., tractors, heavy machinery, large animals, equipment guarding and lockout, hazardous atmospheres, falls, etc.)  Public awareness sessions held in Feb/Mar 2006  Information on the Act, Regulations, Policy and Program for Farming Operations at www.labour.gov.on.ca  1 st year: MOL will focus on reacting to events  2 nd year: MOL will develop a proactive inspection strategy

29. March, 2006 MOL 06/07 Planning29 Industrial Sector - Ticketing  Announced January 20, 2005: Part I tickets under Provincial Offences Act for violations of Industrial Regulations (Schedules 67.3 and 67.4.)  81 contraventions that pose immediate and potentially serious hazard to a worker; are observable by an Inspector; do not raise complex legal or factual issues  Set fines at $200 or $300  Tied to the government’s plan to reduce workplace injuries by 20% over 4 years  From Jan to Dec 2005 - 508 tickets issued

30. March, 2006 MOL 06/07 Planning30 Construction Sector: Underground Economy  To respond to construction industry concerns regarding fairness, competitiveness and level playing field  To identify workers/employers involved in the underground economy and ensure everyone complies with legal obligations  MOL has formal agreement with WSIB, Electrical Safety Authority, and the ministries of Finance and Training, Colleges and Universities to work together to identify underground economy activity and recover lost revenue to all parties  MOL is collecting data, including WSIB registrations and tax information, for these organizations to follow up on

31. March, 2006 MOL 06/07 Planning31 Underground Economy (cont’d)  Mar 10, 2006: $1,727,022 revenue assessed; $996,308 recovered  Educating consumers about dangers of using underground, unqualified contractors/workers (www.serviceontario.ca/constructionbusiness)  MOL inspectors enforce the TQAA’s certification requirements for: electricians, hoisting engineers, plumbers, refrigeration and air conditioning mechanics, sheet metal workers and steamfitters  Announced Mar 6, 2005: Reg. 950 under POA amended to give MOL inspectors power to issue tickets to employers, supervisors, workers in specified trades if do not provide written proof of TQAA qualifications - Chief Justice must first set fines

32. March, 2006 MOL 06/07 Planning32 Ergonomics  Half of all work days lost are due to ergonomics-related injuries  Ergonomics sub-committee of Minister’s Health and Safety Action Group for Manufacturing Sector  Issued report with recommendations in Sept 2005  MOL is acting on the sub-committee recommendations  Refer to MOL website for info: www.labour.gov.on.ca

33. March, 2006 MOL 06/07 Planning33 Ergonomics (cont’d) Pains and Strains Campaign  MOL will raise awareness of ergonomic-related injuries (Pains and Strains Campaign announced Jan 26, 2006)  MOL will work with WSIB and HSA’s to develop information and guidelines for employers and workers  MOL inspectors will receive enhanced ergonomics training (to assist MOL Ergonomists)  April 2006: inspectors will include ergonomic risk factors in inspections/enforcement at high-risk workplaces in industrial and health care sectors

34. March, 2006 MOL 06/07 Planning34 Young Worker Safety  The MOL treats young worker safety seriously  MOL inspectors will check to ensure that employers have programs in place that address young worker safety, including: Ensuring young workers know their rights and responsibilities Orientation for young workers Job-specific training Adequate supervision (“competent” supervisors)  See MOL website for info: www.labour.gov.on.ca

35. March, 2006 MOL 06/07 Planning35 Confined Spaces  Confined Spaces Regulation (632/05) and amendments to the Industrial, Construction, Mining, and Health Care Regs. were filed and published in e- laws and Ontario Gazette in Dec 2005  Comes into effect on Sept 30, 2006  MOL is developing guideline to assist employers

36. March, 2006 MOL 06/07 Planning36 Asbestos Regulation  Regulation filed/published in June 2005  Came into effect on November 1, 2005  Some provisions related to training program and asbestos management program will come into effect on November 1, 2007  MOL is working on guideline to assist employers

37. March, 2006 MOL 06/07 Planning37 Proposed Noise Amendments  MOL proposal to revoke current noise provisions in Regulation 851 and replace them with the following: TWA exposure limit of 85 dBA (based on 3 dB exchange rate); and 140 dBC ceiling limit.  Public consultation period ended Feb 24, 2006  MOL currently reviewing submissions

38. March, 2006 MOL 06/07 Planning38 Occupational Exposure Limits  Annually proposing limits recommended by ACGIH for adoption in Ontario: Ensures that OELs are regularly updated based on standards developed by ACGIH, a credible organization. ACGIH standards setting process is transparent and provides industry with lead time to work towards attaining compliance should new limit be adopted in Ontario. Ensures that Ontario’s limits will remain current. Anticipate ACGIH to publish 2006 recommended limits in Spring; MOL to propose changes following that date.

39. March, 2006 MOL 06/07 Planning39 2005 OEL Update  More protective OELs for 23 substances were adopted into regulation in November, 2005  All except Formaldehyde and Styrene were effective November 28, 2005.  Revised limits for Formaldehyde are effective December 31, 2007.

40. March, 2006 MOL 06/07 Planning40 Regulatory Modernization Act  Regulatory Modernization Act, 2006: to modernize business compliance by changing the way regulatory ministries can use and share information. If passed, it would allow ministries to: Collect, use, share specific info for compliance purposes( ie: UE project) Notify another ministry if something relevant is observed Create teams from different ministries to work on projects Publish info about organization’s compliance record (deterrent) Authorize prosecutors to request court consider relevant prior convictions in sentencing of a defendant Require court to provide reasons when it decides previous conviction does not justify a more severe penalty  The Act would also include safeguards for businesses

41. March, 2006 MOL 06/07 Planning41 Smoking in the Workplace  Effective May 31, 2006, the Smoking in the Workplace Act will be repealed and the Smoke-Free Ontario Act will come into force  O. Reg. 48/06 made under SFOA filed Mar 1, 2006  Public health inspectors will enforce the new smoking legislation  Ministry of Health Promotion: www.mhp.gov.on.ca

42. March, 2006 MOL 06/07 Planning42 Thank you! Questions?

43. Abbreviations FSA = Farm Safety Association HSA’s = Health and Safety Associations IRS = Internal Responsibility System IWH = Institute for Work and Health LTC = Long-term care LTI = Lost Time Injury (NLTI = No Lost Time Injury) MOHLTC = Ministry of Health and Long-Term Care MOL = Ministry of Labour OHPIP = Ontario Health Plan for an Influenza Pandemic OMAFRA = Ontario Ministry of Agriculture, Food & Rural Affairs OSACH = Ontario Safety Association for Community & Healthcare PIDAC = Provincial Infectious Diseases Advisory Committee POA = Provincial Offences Act TQAA = Trades Qualification and Apprenticeship Act